Based on initial feedback collected in 2011, updated regulations for CASL have been published by the Industry Canada. Interested stakeholders have until February 4, 2013 to comment on the proposed regulations.
Edit: to identify correct Canadian Govt Agency (Thanks, Neil!)
Al has a guest post from Kevin Huxham of CakeMail talking about how a majority of people surveyed don’t know anything about the Canadian Anti-Spam Legislation.
I have to admit, I’ve not talked about CASL very much here as I’ve been waiting for the implementation and rulemaking. Unfortunately, the implementation date has been pushed back again and again and it doesn’t look like the law will be in effect until 2013.
CASL takes an incredibly narrow look at permission. It prohibits any commercial mail sent without the recipient’s consent to email addresses, social networking accounts and phones (SMS). Not only that, it also prohibits adddress harvesting and installation of computer programs without consent of the owner of the computer.
This law affects all email sent to a Canadian citizens and does allow for private right of action.
I know that a lot of companies that market in Canada have been working out permission issues before the law takes effect. They are also looking at how to comply with the permission requirements for addresses collected after the law goes into effect.
One of the challenges of this law is going to be identifying what addresses are covered. In some cases senders will have physical addresses, but they’re not going to have physical addresses for all addresses. And that may mean that CASL will actually impact more that just Canadian residents.
I’ve not mentioned anything about the Stop Online Piracy Act (SOPA) and it’s companion bill the Protect Intellectual Property Act (PIPA) that are currently making their ways through Congress. Both bills put a lot of obligation on the ISPs to stop bad traffic on the Internet. Unfortunately, it seems no one writing the bill asked anyone with technical or operational experience for input. Many of the obligations are going to significantly impact ISP functioning and will probably degrade service for users.
The Messaging Anti-Abuse Working Group sent a letter to congress yesterday (PDF link), outlining the issues with SOPA and PIPA. I found it explained the bills and the flaws much better than many other summaries.
In one of the more boneheaded email related moves I’ve seen from a political group ever the Obama / Biden campaign has announced that people can go to their website, enter in the email address of a Republican friend, pay some money, and the campaign will send an email to your (soon to be ex-) friend on your behalf.
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